PETER PHILLIP BYFIELD, APPELLANT,

v.

NATIONAL WESTMINISTER BANK PLC, ETC. APPELLEE

Citator

Cited By (13 total)

• Savage v. State, 120 So. 3d 619 (Fla. 2d DCA 2013)
  …. 2d DCA 2006) (holding trial court erred in finding violations based only on officer’s testimony based on review of probation records, where State’s failure to admit records into evidence rendered officer’s testimony hearsay) (citing Kipp v. State, 657 So. 2d 931, 932 (Fla. 2d DCA 1995)); Grimsley v. State, 830 So. 2d 118 (Fla. 2d DCA 2002) (reversing revocation for lack of competent evidence where only evidence that violation occurred was hearsay). Equally important, the evidence must demonstrate willfulne…
• Garcia v. State, 701 So. 2d 607 (Fla. 2d DCA 1997)
  …ndition of probation. See Roseboro v. State, 528 So. 2d 499 (Fla. 2d DCA 1988). Although hearsay is admissible in evidence at a probation revocation hearing, a revocation of probation may not be based solely upon hearsay evidence. See Kipp v. State, 657 So. 2d 931 (Fla. 2d DCA 1995); McCrary v. State, 464 So. 2d 670 (Fla. 2d DCA 1985). In the instant case, the State failed to present sufficient evidence that appellant changed his residence without the consent of his probation officer in violation of conditio…
• Rowan v. State, 696 So. 2d 842 (Fla. 2d DCA 1997)
  …ndition of probation. See Roseboro v. State, 528 So. 2d 499 (Fla. 2d DCA 1988). Although hearsay is admissible in evidence at a probation revocation hearing, a revocation of probation may not be based solely upon hearsay evidence. See Kipp v. State, 657 So. 2d 931 (Fla. 2d DCA 1995). In Brown v. State, 659 So. 2d 1260 (Fla. 4th DCA 1995), the trial court revoked probation because the probationer changed his residence without first procuring consent. There, the probation officer went to the approved residence…

Authorities Cited

• Leon Shaffer Golnick Advertising, Inc. v. Cedar, 423 So. 2d 1015 (Fla. 4th DCA 1982)
• Nants v. Faria, 553 So. 2d 369 (Fla. 5th DCA 1989)